This website https://merlinmetals.co.uk is owned & operated by Merlin Metals Limited whose registered office is:Unit 6, Malton Enterprise Park, 6 Cherry Farm Close, Malton, North Yorkshire YO17 6AD
Merlin Metals Limited (hereafter THE MERCHANT) with the company registration number 09827864, being registered in England and Wales with the email address at email@example.com
Any purchase of goods at merlinmetals.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions.
These terms and conditions are intended to define the rights and obligations of the parties involved in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be entered into the customers account within the client area & confirmed by email to the address specified by the customer during the purchasing act.
Purchase orders may be created within the client area either by the customer or by THE MERCHANT after receiving details of an order by other means such as telephone or email.
Purchase orders need to be signed, so as to agree to these terms.
Payments are normally due by way of pro forma invoices, unless other arrangements have been agreed.
Proof of Transaction
The records stored in THE MERCHANT’s computer systems under reasonable safety conditions are considered proof of communications, purchase orders, invoices and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Once a purchase order has been signed by both customer & THE MERCHANT it forms a legally binding contract of sales.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE.
THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages.
Manufacturer and other brand names are only used for identification purposes.
Product photos, descriptions, and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid on the day of publishing but all order prices are subject to change without notice.
All orders undergo a final price check to allow for other price variables such as material price fluctuations, delivery, discounts or manufacturing costs.
Quotation provided to the customer are valid for 30 days.
To proceed with the order and have it marked as active.
The related purchase order must be signed before invoices are issued & payment can be accepted into THE MERCHANTS bank account.
Customers can access product samples, prior to signing purchase orders.
Products are delivered to the address specified by the customer on the invoice and only to geographic zones that we service.
All products leave the fabrication department fully inspected and in perfect condition.
The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible.
In such a case, the carrier shall start an investigation.
Every effort is made, for as long as necessary, to find the package.
If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or emailed notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to the merchants trading address.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to the address specified on the product sticker.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive THE MERCHANT’s consent. If accepted, the customer will ship the package to the address specified on the product sticker.
Shipping fees shall be at THE MERCHANT’s expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
Products sold on THE MERCHANT SITE come with different warranties.
All products that have been modified or repaired or installed by the customer or any other party not chosen by THE MERCHANT are not covered by warranty.
The warranty can be extended according to the terms provided on the website.
Panel warranties vary depending on material & location of installation as well as who installs the materials.
Right to Withdrawal
Due to the bespoke nature of THE MERCHANTS products, cancelled orders will incur a cancellation fee of 30% of the total value of the order.
If materials have been delivered to site and the order is then cancelled the cancelation fee is 40% and all transport costs related to the return of goods to either THE MERCHANT or associated manufactures is payable by the customer.
All returns can be indicated before hand to THE MERCHANT.
All goods must be returned to address specified on the product sticker.
The cooling off period and right to cancel does not apply to purchase orders for any goods made to customers specifications, such as roof & wall panels or bespoke gutter systems, topclip capping or other flashings.
Other product items which are complete and unused goods in perfect condition for resale will be accepted.
No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods.
If the right to withdrawal is exercised for applicable products, THE MERCHANT will make every effort to refund the customer within 14 days from the date of cancellation, minus any cancellation or transport fees or within 30 days if the materials have been delivered and then sent back.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden without prior consent from THE MERCHANT
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law.
All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT’s terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.